Website & Hosting Terms & Conditions

Transcription

1 Website & Hosting Terms & Conditions

2 1-PARTIES Web Hosting Services are provided by TimeForCake Creative Media, Inc. ("TimeForCake") to Client conditional on the terms and conditions set forth below (the "Website & Hosting Agreement Terms and Conditions"). By using these services, you agree on your own behalf, and on behalf of any entity on whose behalf you may act, to accept and abide by these Web Hosting Agreement Terms and Conditions. If you do not accept and abide by these terms, you should not use these services. TimeForCake has the right, in its sole discretion, to add to, remove, modify or otherwise change any part of the Web Hosting Agreement Terms and Conditions, in whole or in part, at any time. 2-USAGE POLICY We reserve the right to suspend or cancel a Client's access to any or all services provided if we determine the account has been inappropriately used. You may not use Rackspace's network or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior. Activities not allowed on our servers and restrictions related to acceptable usage are located at 3-SERVER ABUSE Any attempt to undermine or cause harm to a server or other Client of ours is strictly prohibited. 4-UNAUTHORIZED USE OF OTHER PEOPLE'S ACCOUNTS OR COMPUTERS We will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc. Any unauthorized use of accounts or computers by a Client, whether or not the attacked account or computer belongs to us, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.

3 5-COMMERCIAL ADVERTISEMENTS WITH Unsolicited commercial advertisements are not allowed in , and will likely result in account suspension or cancellation. Commercial advertisements are unwelcome in most Usenet discussion groups and on most mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such. Sending a message, especially an advertisement, to more than 25 recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. 6-BACKGROUND RUNNING PROGRAMS Client agrees not to run any kind of 'server applications'. Every program/script that opens a port on the shared hosting server is considered a 'server application'. These include but are not limited to IRC servers, IRC proxies, and IRC bots. Client agrees that the services are subject to immediate termination without compensation for non-compliance with the policies. Further, Client will be responsible for the full amount of any tangible and intangible damages this may cause. 7-PAYMENT POLICIES All accounts will be billed annually for the same hosting period unless explicitly cancelled by the Client. Setup fees may be charged for all new accounts and major account changes. All pricing is guaranteed for the term of payment. We reserve the right to change prices at any time. Any account not paid in full prior to its annual renewal date is subject to a $20 late fee. Failure to pay the balance including late fee may result in immediate suspension and ultimately cancellation/closure. A service fee to remove the account from suspension will apply. 9-EXCEEDING DISK STORAGE If your account exceeds 3GB of disk storage at any point in time, we will notify you via . You will have 7 days to reduce your disk storage below 3GB. If disk storage is not reduced within 14 days of notification, an extra data cost of $10/month will be billed to your account for the remainder of your hosting term. If the new disk storage invoice is not paid within 14 days, your hosting account will be suspended until payment has been made in full.

4 10-TERMINATION AND CANCELLATION TimeForCake reserves the right to terminate service at any time. Refunds are only given for 6 month time periods. Thus, if a Client has used 4 months of an annual hosting plan and wishes to cancel, 6 months worth of hosting will be refunded. If a client has used 10 months of an annual hosting plan and wishes to cancel, no amount will be refunded. Any violation of policies which results in extra costs will be billed to the Client (i.e. transfer overages, additional disk space, additional pop accounts, etc.) or deducted from any refunded amount. All account cancellations must be sent to TimeForCake in writing via Client s registered address of the account holder or faxed with a valid signature of the primary contact of the account, account name, and reason for cancellation. Due to security concerns, Clients cancellation requests are always verified and confirmed by TimeForCake via to the registered address of the account holder. We are not responsible for any cancellation request that we do not receive. If Client does not receive a confirmation/acknowledgment for their cancellation request, this indicates TimeForCake did not receive it. 11-LAWFUL PURPOSE TimeForCake reserves the right to refuse service to anyone. Clients may only use our servers for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. We expressly forbid anyone from using servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including, but not limited to, pornography, satanic materials, and any and all materials of an adult nature. The designation of any materials as such described above is left entirely to the discretion of our management. 12-GOVERNING LAW This Agreement will be governed by and construed in accordance with the laws of the State of Colorado and the laws of the USA applicable in that state and will be treated, in all respects, as a Colorado contract.

5 13-LIMITATION OF LIABILITY Client agrees that TimeForCake will not be liable for any (a) Suspension or loss of the services, except to the limited extent that a remedy is provided under this agreement; (b) Interruption of business; (c) Access delays or access interruptions to the web site(s) provided through or by the services; (d) Loss or liability resulting from acts of god; (e) Data non-delivery, mis-delivery, corruption, destruction or other modification; (f) Events beyond the control of TimeForCake; (g) The processing of Clients application for the services; or (h) Loss or liability resulting from the unauthorized use or misuse of Clients account identifier or password. Client further agrees that TimeForCake will not be liable for any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, regardless of whether or not TimeForCake has been advised of the possibility of such damages. In no event shall the maximum aggregate liability of TimeForCake exceed the total amount paid by Client for the services for a one-month period, but in no event greater than one hundred dollars ($100.00). Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, the liability of TimeForCake shall be limited to the maximum extent permitted by law. 14-NON GUARANTEES TimeForCake does not promise that the Services will be 100% uninterrupted, error-free, or completely secure. You acknowledge that there are risks inherent in Internet connectivity that could result in the loss of your privacy, Customer Data, Confidential Information and property. TimeForCake disclaims any and all warranties not expressly stated in the Agreement including the implied warranties of merchantability, fitness for a particular purpose, and noninfringement. You are solely responsible for the suitability of the services chosen, including the suitability as it relates to your Customer Data. Any services that we are not contractually obligated to provide but that we may perform for you at your request and without any additional charge are provided on an AS IS basis. TimeForCake does not promise to back up your data unless you have purchased backup services. 15-CLIENT RESPONSIBILITIES Client must use reasonable security precautions in connection with use of the Services. Client must comply with the laws applicable to use of the Services and with the Acceptable Use Policy.

6 In addition to the foregoing obligations, Client acknowledges sole responsibility for taking steps to maintain appropriate security, protection and backup of Client Data. Cient is solely responsible for determining the suitability of the Services in light of the type of Customer Data used with the Services. 16-INDEMNIFICATION Client agrees to release, indemnify, and hold TimeForCake, their contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney's fees and court costs, for third party claims relating Clients use of the services or arising under this agreement, including without limitation, infringement by Client or someone else using Clients computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any term or condition of this agreement. When TimeForCake may be involved in a suit involving a third party and which is related to the services under this agreement, TimeForCake may seek written assurances from Client in which Client promises to indemnify TimeForCake harmless from the costs and liabilities described in this paragraph. Such written assurances may include the posting of performance bonds or other guarantees. A Client s failure to provide such assurances may be considered a breach of this agreement by Client. Client agrees that the TimeForCake shall not be liable for the actions, inactions, negligence, or intentional misconduct of Client. Client agrees that it shall defend, indemnify, save and hold TimeForCake harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against us, our agents, our clients, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, your agents, employees or assigns. Client agrees to defend, indemnify and hold TimeForCake harmless against liabilities arising out of; (1) Any injury to person or property caused by any products sold or otherwise distributed in connection with our servers; (2) Any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (3) Copyright infringement and (4) Any defective products sold by Client from our servers. 17-DISCLAIMER OF WARRANTIES TimeForCake does not make any representations nor warranties of any kind whatsoever, express or implied, in connection with this agreement or the services, including but not limited to warranties of merchantability or fitness for a particular purpose, unless such representations and warranties are not legally excludable. Client understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the service is done at Clients own discretion and risk and that Client will be solely responsible for any damage to Clients computer system or loss of data that results from the download of such material and/or data. No advice or

7 information, whether oral or written, obtained by Client from TimeForCake shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to Client.

Elehost Web Hosting Contract Agreement Preamble: 1. Elehost Web Design Inc. is formally contracted by The Customer to host the Customer s web site on the Internet at a rate specified on sign up in Canadian

Trioptek Solutions, Inc. Terms of Service (TOS) And Hosted Services Agreement Client: Date: The following terms of service ( Terms of Service ), the TOS, or agreement is between Trioptek Solutions, Inc.

Omalaeti Technologies is a Web Hosting Service Provider. User accounts on our Internet servers are subject to compliance with the terms and conditions set forth below. Under the terms of this agreement,

Terms and Conditions- OnAER Remote Monitoring Service TERMS OF SERVICE Please read these terms of user ( Agreement or Terms of Service ) carefully before using the services offered by AERCO International,

FAX-TO-EMAIL END-USER LICENSE AGREEMENT This Agreement, which governs the terms and conditions of your use of the Fax-to-Email Services, is between you ("you" or "End-User") and ( we, us, our or Company

Web Hosting Agreement! This Agreement covers the terms and conditions under which Computerisms provides web-hosting services to the agreeing party. As an organization or individual applying for web-hosting

BY USING THE INTERNET ACCESS OFFERED BY Southwest Arkansas Telephone Coop., Inc d.b.a. SWAT.COOP (heretofore referred to as SWAT.COOP) YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE

TERMS OF SERVICE: Online Back-Up, Off-Site Back-Up, Restore Service of Back-Up. The following Terms and Conditions are applicable to all individual users / corporate clients who use, sign-up and pay-for

Domain Name Registration Agreement (081310) This Domain Name Registration Agreement ("Agreement") is by and between Tantum Technologies, LLC ("Tantum Technologies"), a Nevada Limited Liability Company,

TERMS and CONDITIONS OF USE - NextSTEPS TM DATED MARCH 24, 2014. These terms and conditions of use (the Terms and Conditions ) govern your use of the website known as NextSTEPS TM, https://www.stepsonline.ca/

Terms of Service 1. Acceptance Of Terms IT4Professionals is an Internet-based Web site that offers webdesign, domain name registration, hosting, dynamic DNS, email and sms marketing, PC services and software

Hamilton.net User Agreement Revised August 31, 2004 Acceptance of Terms Through Use By using the Hamilton.net Internet Service (the Service ), you signify your agreement to all of the terms, conditions,

Bangladesh Telecommunications Company Ltd.BD Domain Name Registration Agreement This Agreement (herein after called "Agreement") is made on the day of, 20 in by and between: (a) The Bangladesh Telecommunications

Cordova Telephone Cooperative/Cordova Wireless Communications This agreement governs the terms and conditions under which Cordova Telephone Cooperative, Inc., operating under the service mark ctcak.net;

Business User Agreement Star Telephone Membership Corporation will provide Star Telephone FireLine DSL Service to on the terms and conditions listed below. Star Telephone FireLine DSL Service will be delivered

Broadlinc Communications LLC Internet Service Agreement and Acceptable Use Policy INTRODUCTION We are committed to complying with the Children's Online Privacy Protection Act. Accordingly, if you are under

Domain Registration Agreement IF YOU ACCEPT THIS AGREEMENT WITHOUT READING IT IN ITS ENTIRETY YOU ARE STILL BOUND BY THIS AGREEMENT IN ITS ENTIRETY 1. AGREEMENT. In this Registration Agreement ("Agreement")

Terms of Service 1.) Account Setup RDS Hosting will setup your account after we have received payment and RDS Hosting and/or our payment partner(s) have screened the order(s) in case of fraud. It is your

Terms and Conditions of Use Contents: Purpose Of This Agreement Privacy Policy Modification Of This Agreement Permission To Act On Your Behalf How We Identify You Registration Additional Terms For Products

Jozii LLC WEBSITE TERMS OF SERVICE 1. Acceptance of Terms. Welcome to Jozii. By using our Internet website, you indicate your unconditional acceptance of the following Terms of Service. Please read them

Web Hosting Agreement, Terms, Conditions, & Policies 1. General This agreement is between WEBSTAPLE LTD. (hereinafter referred to as Provider), and the on-line individual or entity (hereinafter referred

DISCLAIMER The sample documents below are provided for general information purposes only. Your use of any of these sample documents is at your own risk, and you should not use any of these sample documents

EASTLINK PERSONAL CLOUD TERMS OF SERVICE IMPORTANT - READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE PROCEEDING WITH DOWNLOADING AND/OR THE INSTALLATION OF THE SOFTWARE OR USING EASTLINK PERSONAL

Internet Service Provider Agreement 1. Introduction By using this Internet service ( Service ) you agree to be bound by this Agreement and to use the Service in compliance with this Agreement, our Acceptable

.US Locality Domain Name Registration Terms and Conditions 1. Introduction. This.US Locality Domain Name Registration Terms and Conditions document (the Terms & Conditions ), by and between you ( You or

1/6.uk Registration Agreement In order that a party may hold a valid.co.uk or.org.uk domain name registration, Tucows Inc. requires that all registrants adhere to certain terms and conditions. As an organization

Rhea Help Desk Software End User License Agreement THIS "END USER LICENSE AGREEMENT" (THE "EULA") IS A LEGAL AGREEMENT BETWEEN THE INDIVIDUAL OR LEGAL ENTITY OR ASSOCIATION INTENDING TO USE THE SOFTWARE

GENOA, a QOL HEALTHCARE COMPANY WEBSITE TERMS OF USE IF YOU HAVE A MEDICAL EMERGENCY, YOU ARE INSTRUCTED IMMEDIATELY TO CALL EMERGENCY PERSONNEL (911). DO NOT RELY ON THIS WEBSITE OR THE INFORMATION PROVIDED

LUX SCIENTIAE MASTER SERVICES AGREEMENT Version 2016.03.12 This Master Services Agreement (the Agreement ) between Lux Scientiae, ( Lux Scientiae or "LuxSci") and the customer which is a signatory (actual,

SYMPHONY LEARNING LICENSE AND REMOTE HOSTED SERVICES AGREEMENT PLEASE READ THIS LICENSE AND REMOTE HOSTED SERVICES AGREEMENT CAREFULLY BEFORE USING THIS WEB SITE BY CHOOSING THE ACCEPT BUTTON YOU ARE (1)

OHSU Email Address for Life Terms and Conditions These Terms and Conditions govern your activation, receipt, and use of an @alumni.ohsu.edu email account. Activating an @alumni.ohsu.edu email account constitutes

TERMS AND CONDITIONS These Terms and Conditions are applicable to the use of this website (the Website ), regardless of how You accessed it. You or any derivation thereof, as used herein refers to a user

Terms and Conditions The following terms and conditions of use (the "Terms and Conditions") govern your use of the V8, Autoclout, CMS and Communigator CRM Web technology software applications which shall

COLOCATION AGREEMENT This Colocation Agreement ( Agreement ) governs your purchase and use of all colocation and related services (the Services ), as described in the Order Form, that you order and Oracast,

This Web Hosting Agreement ("Agreement") sets forth the terms and conditions governing customer use of Fozzy Inc. ("Service Provider") for web hosting services. When you agree to these terms and conditions,

(Acceptable Use Policy or "AUP") By using our web hosting services and/or email listserv programs, you agree to comply with our acceptable usage policy. We expect you to possess a basic knowledge of the

Our Terms for Website Design, Development, Hosting and Promotional Services Terms of agreement by and between: Mad About U Media Ltd. ( PROVIDER ) and the ( CLIENT ). The CLIENT being the remitter of funding

Software and Service License Agreement THIS DOCUMENT FORMS A CONTRACT (THE "CONTRACT") BETWEEN YOU (HEREINAFTER REFERRED TO EITHER AS "YOU" OR THE "USER" OR THE "CUSTOMER") AND TCR DBA. BY USING THE ONLINE

GENOA, a QoL HEALTHCARE COMPANY GENOA ONLINE SYSTEM TERMS OF USE By using the Genoa Online system (the System ), you acknowledge and accept the following terms of use: This document details the terms of

MEDICAL EDUCATION INSTITUTE, INC. KDQOL-Complete TM SERVICES and DATA USE AGREEMENT This KDQOL Complete Services Agreement (the Agreement ) is entered into by and between the organization, clinic, or corporate

UK Vendor Website - Terms of Use Agreement UK Vending Ltd owns and operates The UK-Vendors Network, also known as UKV Vendors Support network and www.ukvendors.com. By joining this group, members agree

END USER TERMS OF USE The use of Incident Response Technologies Inc. s ("IRT") Software is offered to you upon your acceptance of these End User Terms of Use. By using IRT s software (the Software ), you

ZIMPERIUM, INC. END USER LICENSE TERMS THIS DOCUMENT IS A LEGAL CONTRACT. PLEASE READ IT CAREFULLY. These End User License Terms ( Terms ) govern your access to and use of the zanti and zips client- side

Terms Of Service BY USING THE COMPANY'S SERVICES YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. 1. Definitions. "The Company" means CIT Broadband, P.O. Box 122568, Fort Worth, TX 76121. "The Subscriber"

RealPrence Cloud Video Meeting Services POLYCOM, INC., VIDEO-AS-A-SERVICE TERMS OF SERVICE This Video-as-a-Service Terms of Service (the Agreement ) govern the access to and use of the VaaS by each person

Tymax Media Vendor Operating Agreement Tymax Media Vendor Operating Agreement (the "Agreement") is made and entered into by and between Tymax Media ("Tymax Media," us or "we"), and you, ("you" or "Vendor")

Terms and Conditions: ENS, Plugpayplay and uservenet The current terms and conditions, 2010-08-01 1) Terms and Conditions: PlugPayPlay (trade mark of Easy Networking Solutions Ltd) reserve the right to

EmoeHost Service Agreement 1. Site Services EmoeHost agrees to provide to Client the Services agreed upon between EmoeHost and Client as selected by Client at www.emoehostmaine.com. 2. Payment & Invoicing

Terms of Service Privacy Policy Mahavitaran (mahadiscom) respects and protects the privacy of the individuals that access the information and use the services brought through them. Individually identifiable

GlaxoSmithKline Single Sign On Portal for ClearView and Campaign Tracker - Terms of Use IMPORTANT! YOUR REGISTRATION AND USE OF THIS GlaxoSmithKline Single Sign On Portal for ClearView and Campaign Tracker

GOSFIELD NORTH COMMUNICATIONS CO-OPERATIVE LIMITED ( GOSFIELD ) ACCEPTABLE USE POLICY 1. Introduction This acceptable use policy ("Policy") sets out the principles, terms and conditions that govern the

CENTURY 21 CANADA LIMITED PARTNERSHIP WEBSITE TERMS OF USE THESE TERMS OF USE CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS OF USE BEFORE USING THIS WEBSITE. Acceptance of these Terms of Use and any

Web Logistics Web Hosting Terms & Conditions Web Logistics is dedicated to providing an all-round top quality service. The terms and conditions which follow are necessary to ensure that we may continue

.CAT DOMAIN NAME REGISTRATION AGREEMENT In order to complete the registration process you must read and agree to be bound by all terms and conditions herein. TERMS AND CONDITIONS 1. Definitions "You" and

AGREEMENT AND TERMS OF USE FOR INTERNET ADVERTISING SERVICES This Agreement and Terms of Use for Internet Advertising Services (the "Agreement") is made and effective on the [DATE] date of submission BETWEEN:

ADP Ambassador /Referral Rewards Program Terms and Conditions of Use These Terms and Conditions ("Terms") are an agreement between ADP, LLC ("ADP"), on behalf of its Major Accounts Services Division ("MAS"),

Terms & Conditions Introduction. The following terms and conditions govern your use of this website (VirginiaHomeRepair.com). Your use of this website and Content as defined below constitutes your acceptance

Terms of Service A. INTRODUCTION In this Registration Agreement, the term Registrant refers to you, your agents, and each person listed in your account information as being associated with your account.

International Consultants in Medicine Service Agreement: January 2008 Prior to enrolling in the service as a Member of any degree, you must agree to the following terms and conditions. You may accept these

Software Hosting and End-User License Subscription Agreement (Last Updated October 31, 2015) IMPORTANT! The Contrail software (the "SOFTWARE") that you seek to use was developed by OneRain Incorporated

Seaside High-Speed Internet Acceptable Use Policy (AUP) INTRODUCTION Seaside High Speed Internet provides high-speed access to a suite of content, through the Internet. We agree to make Seaside High Speed

RELOCATEYOURSELF.COM B.V - TERMS OF USE OF SERVICES The following constitute the terms and conditions of access and use of the Services, as defined hereunder, which shall be deemed to have been read and

Terms of Use Gateway Clipper Website General Information Regarding These Terms of Use Master terms: Unless otherwise noted on a particular site or service, these master terms of use ( Master Terms ) apply

Alliance for Fertility Preservation Website and Fertility Preservation Services Locator and Referral System Terms and Conditions of Use PLEASE READ THESE TERMS AND CONDITIONS OF USE (the "TERMS") CAREFULLY

GitLab.com Terms The following terms and conditions govern all use of the Gitlab.com website (the Website ) owned by GitLab B.V. and all content, services and support packages. The Website is offered subject

Web Site Development Agreement 1. Parties; Effective Date. This Web Site Development Agreement ( Agreement ) is between Plug-N-Run, its affiliates, (including but not limited to USA Financial, USA Financial